Section 149 — Sentencing Act 2002: Community-based sentence for offence committed before commencement date

149 Community-based sentence for offence committed before commencement date (1) This section applies if an offender is sentenced on or after the commencement date for an offence committed before that date. (2) The court may, subject to section 19 ,— (a) sentence the offender to community work under subpart 2 if, had it been dealing with the offender immediately before the commencement date, it would have sentenced him or her to community service or periodic detention under section 29 or section 37 of the Criminal Justice Act 1985 ; or (b) sentence the offender to supervision under subpart 2 if, had it been dealing with the offender immediately before the commencement date, it would have sentenced him or her to supervision or a community programme under section 46 or section 53 of the Criminal Justice Act 1985 . (3) When determining the length of, or number of hours of work to be done under, a sentence imposed in accordance with this section, the court— (a) must take into account the length of the sentence or the number of hours of work or service that it could have imposed had it dealt with the offender immediately before the commencement date; and (b) must not impose a greater number of hours or a longer sentence than it would have imposed had it sentenced the offender immediately before the commencement date.